BALANCING INNOVATION AND IP PROTECTION IN AI-DRIVEN TRADEMARK CREATION

Abstract

The increasing use of artificial intelligence (AI) in trademark creation presents a novel challenge to traditional intellectual property (IP) frameworks. AI tools now autonomously generate logos, brand names, and slogans—functions once exclusive to human creativity. This shift raises complex legal questions about authorship, ownership, and enforceability of AI-generated trademarks. The purpose of this study is to evaluate how existing IP laws respond to these developments and whether they adequately protect both innovation and trademark integrity. Employing a doctrinal legal research method, the study analyzes statutory provisions, administrative practices, and judicial interpretations across key jurisdictions, including the United States, European Union, and China. It also examines ethical and practical concerns such as mass automated filings and potential infringement liabilities. The findings reveal a significant gap in legal clarity concerning the role of AI in trademark generation, with current laws insufficiently addressing the absence of human authorship. The study recommends targeted reforms to clarify ownership rules, establish transparency obligations, and limit misuse of AI in trademark systems. These measures aim to balance the benefits of innovation with the foundational goals of IP protection in an evolving digital landscape.